From jberman Thu May 6 18:23:32 1993 Received: from [192.77.172.140] (bush.eff.org) by eff.org with SMTP id AA08608 (5.65c/IDA-1.4.4/pen-ident); Thu, 6 May 1993 18:23:09 -0400 Date: Thu, 6 May 1993 18:23:09 -0400 Message-Id: <199305062223.AA08608@eff.org> To: eff-board, eff-staff From: jberman (Jerry Berman) Subject: LETTER TO PRES CRYTO Status: OR

This is the letter to the President dated 5/6/93 on Cryptography and Clipper Chip from the digital privacy and security working group. PLEASE CIRCULATE BROADLY. For further information, contact jberman@eff.org (202-5449237)

The President The White House Washington, D.C. 20500

Dear Mr. President:

On April 16 you initiated a broad industry/government review of privacy and cryptography policies. We applaud your efforts to develop a greater understanding of these complex issues. With the end of the Cold War and the rapid evolution of technology in the computer and communications industries, a comprehensive review of our communications security policies such as you have directed is sorely needed. As the world becomes linked by a myriad of interconnected digital networks, and computer and communications technologies converge, both government and the private sector need to evaluate information security and privacy issues. Of course, any overall policy must recognize the authorized law enforcement and national security needs, and must evaluate the impact on American competitiveness.

The Digital Privacy and Security Working Group -- a coalition of communications and computer companies and associations, and consumer and privacy advocates -- was formed almost a decade ago when Congress undertook a review of technology and security policy. That review led to the Electronic Communications Privacy Act of 1986. Subsequently, many members of the Working Group served on the Privacy and Technology Task Force that Senator Leahy charged with examining these and similar issues in 1991.

While we recognize the importance of authorized national security and law enforcement needs, we believe that there are fundamental privacy and other constitutional rights that must be taken into account when any domestic surveillance scheme is proposed. Moreover, it is unclear how your proposal and the overall review of cryptography policy will impact on U.S. export controls. Over the past two years, the Digital Privacy and Security Working Group has held numerous meetings at which both public and private sector representatives have exchanged technical and legal information with the law enforcement community on just such issues.

In the White House press release of April 16, the Press Secretary stated that you have "directed early and frequent consultations with affected industries...and groups that advocate the privacy rights of individuals..." Our group of over 50 members -- from computer software and hardware firms, to telecommunications companies and energy companies, to the American Civil Liberties Union and the Electronic Frontier Foundation -- requests the opportunity to participate in developing policy on the broad range of security and privacy issues being considered, including appropriate encryption techniques. We believe that our membership has the breadth and depth of expertise and experience that would allow us to provide an excellent forum for the development of new policies in these areas. During the past few weeks, the Working Group has met several times to identify issues that need to be addressed. Several aspects of the Administration's encryption proposal warrant further discussion, including, but not limited to:

o whether a key escrow system will produce the desired law enforcement results; o the level of strength and integrity of the algorithm and the security of the key escrow system; o the advisability of a government-developed and classified algorithm; o its practicality and commercial acceptability; o the effect of the proposal on American competitiveness and the balance of trade; o possible implications for the development of digital communications; and, o the effect on the right to privacy and other constitutional rights.

A detailed list of our questions relating to this subject is being prepared to facilitate this dialogue.

We are making our views known to officials within your Administration and Members of Congress as the review begins. We would welcome the opportunity to participate in the review process and look forward to working with you and your Administration on this important issue in the coming months. Representatives of the Digital Privacy and Security Working Group are anxious to meet with your staff at their earliest convenience to establish a consultation process.

Sincerely,

abcd, The Microcomputer Industry Association Hewlett-Packard Company Advanced Network & Services, Inc. IBM American Civil Liberties Union Information Technology Association of America Apple Computer, Inc. Information Industry Association AT&T

Iris Associates

Business Software Alliance Lotus Development Corporation Cavanagh Associates, Inc. McCaw Cellular Communications Cellular Telephone Industry Association MCI Computer Professionals for Social Responsibility Microsoft Corporation Computer & Business Equipment Manufacturers Association RSA Data Security, Inc. Computer & Communications Industry Association Software Publishers >Association Crest Industries, Inc. Sun Microsystems, Inc. Digital Equipment Corporation Toolmaker, Inc. EDUCOM Trusted Information Systems Electronic Mail Association United States Telephone Association

Electronic Frontier Foundation/Coordinator Contact: Jerry Berman 202/544-6906